The Tribunal rejected the application as non-receivable. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.
Not receivable ratione materia. The contested decision in the present case is not a final decision but a preliminary step after the fact-finding panel has completed its investigation report. Therefore, the contested decision is not an administrative decision capable of being appealed before the Tribunal.
The Tribunal found the application not receivable pursuant to art. 8.1(d)(i) of the Dispute Tribunal’s Statute because it was not filed within 90 days of the Applicant’s receipt of the response to his request for management evaluation.
Receivability: The Tribunal observed that there is a difference between a contested administrative decision and the grounds relied on to impugn the decision and noted that neither of the two issues remanded for the consideration of the Tribunal was included in the list of administrative decisions which the Applicant requested the MEU to review. The Tribunal concluded that although the Applicant raised the issue of the non-conversion of his temporary appointment to a fixed-term appointment, he did so as a ground for contesting the specified decisions. He did not identify this issue as a...
No legal implementation of an expired decision: The Tribunal underlines that, after its expiration a decision cannot any longer produce legal effects and therefore cannot be implemented and / or extended and that any such action constitutes itself a breach of procedural fairness.
The Tribunal found that the Administration did not respect its obligation pursuant to staff rule 9.6(e)(i) and 9.6(f) to retain the Applicant and the Applicant’s correlative right to be retained in any available suitable post at her level (G7 step 10) or at a lower level in UNHCR NY, or at her Professional level or lower in the parent Organization. The Tribunal granted the Applicant’s claim in part, rescinding the contested decision and ordering the Respondent to retain the Applicant with retroactive effect from 31 December 2016 in any current suitable available post(s), or in alternative, the...
The impugned decision of 21 April 2015 clearly: a) emanated from the Administration and b) produced direct legal consequences for the terms and conditions of the Applicant’s appointment. As such, the decision was capable of being subject to management evaluation as well as capable of being reviewed by the UNDT. The Applicant had until 90 days from 8 June 2015 to file an application before UNDT. The Applicant did not do so until 1 March 2016. The application is, therefore, late by almost six months. The Applicant did not demonstrate exceptional circumstances that would warrant waiving the time...
The Tribunal is required to factually find that the decision that is impugned before it is in the process of being administratively reviewed. A preliminary finding to this effect is a prerequisite for litigation before this Tribunal. The record before the Tribunal did not show that a request for management evaluation had been filed by the Applicant. The Applicant was given the opportunity to address this situation and correct it, but did not. The application therefore was found incompetent and the only option open to the Tribunal was to summarily dismiss it for want of management evaluation.
The Applicant was informed in February 2007 that his promotion must follow a competitive recruitment process. The contention that he should have been promoted to the G-5 level at the time could and should have been challenged when the Applicant received formal notification of his retroactive promotion in October/November 2007. He did not. He also did not challenge the Respondent’s letter of 6 May 2015.
The Tribunal (a) granted the application in part, (b) rescinded the contested decision in part and replaced the excessive and unlawful disciplinary measure of dismissal with the lesser sanction of separation from service with termination indemnity; (c) ordered the judgment to be included in the Applicant’s official status file and all references relating to the disciplinary sanction of dismissal to be removed from this file and to be replaced with the new sanction, namely separation from service with termination indemnity; and (d) in the event that the Respondent would decide not to rescind...
